New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 31

31 Workers compensation

(1) The workers compensation company has the power to require any employer in the coal industry in the State to effect with or through that company all workers compensation insurance in respect of the employer’s employees in the industry.

(2) An employer in the coal industry in the State must comply with any such requirement.

(3) The following are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales :

(a) any matter or thing done by the workers compensation company in imposing a requirement under this section,

(b) any agreement entered into by or with the workers compensation company for the purpose of effecting workers compensation insurance in accordance with a requirement made under this section,

(c) the conduct of the parties in entering into any such agreement,

(d) the conduct of the parties in performing any such agreement.

(4) The maximum penalty that may be imposed for failure to comply with a requirement under this section is:

(a) in the case of a corporation-100 penalty units for the first day the contravention occurs and an additional 50 penalty units for each subsequent day on which the contravention continues, or

(b) in the case of an individual-50 penalty units for the first day the contravention occurs and an additional 25 penalty units for each subsequent day on which the contravention continues.

(5) In this section:

(a) "agreement" includes a contract, arrangement or understanding, and

(b) a reference to the workers compensation company or an employer in the coal industry includes a reference to the officers and agents of, and other persons duly authorised by, the company or employer concerned.